Reflections on rural violence in Latin America

In recent decades rural violence has escalated in many Latin American countries. Although there is a growing body of literature on the topic, there exist as yet few comparative studies. While there are undoubtedly multiple and evolving causes of violence, this exploratory article focuses on the relationship between sociopolitical violence and agrarian structure and state policy. Particular attention is paid to the impact of agrarian reform and counter-reform experiences on rural conflicts and violence. A contrast is also drawn with countries which have not undergone any significant land reform. The cases discussed are Chile, Peru, Colombia, Brazil, Mexico and several Central American countries (Nicaragua, Guatemala and El Salvador). The complexity of rural violence is demonstrated and the case for further comparative studies is argued, so as to advance our knowledge on the causes, consequences and resolution of violence.     

Negotiating the Boundaries of Crime and Culture: A Sociolegal Perspective on Cultural Defense Strategies

In this article 1 offer a principled strategy for the courts to identify and to handle the uses of culture as a defense in a criminal proceeding. I begin by discussing the relationship between culture and behavior illuminated by sociologists of culture. I then explain the three categories into which cultural defenses fall–cultural reason, cultural requirement, and cultural tolerance–and the response of criminal courts in the United States to each. I argue that where culture offers an alternative explanation of the defendant's intent, it is highly relevant to determinations of criminal liability. However, where a defendant uses culture only to explain why he wanted to harm the victim and asks that the court be tolerant of such behavior, considerations of culture should not be allowed. In reaching this conclusion, I draw on theories of multiculturalism to consider the benefits and burdens of maintaining the facade of a "cultureless" criminal law in an increasingly heterogeneous society.     

Gangs as contractors: the social organization of American Taiwanese youth gangs in Southern California

This paper examines the organizational structure and operations of Taiwanese organized crime and youth gangs in Southern California. In-depth interviews were used as the principle method of research. In contrast to transnational criminal conspiracy claims and the La Cosa Nostra model of vertically integrated organizations, our findings suggest that these criminal groups consist of discrete local Taiwanese youth gangs which operate as largely independent economic units that show no substantive and operational ties to criminal organizations in Taiwan. The formation of Taiwanese criminal organizations and gangs in Southern California is primarily governed by the availability of financial opportunities. Furthermore, both the inter-gang relations and intra-gang structures exhibit a distinct form of contractor arrangement which consists of market-like weak ties that are simultaneously circumscribed by the criminal embeddedness. We argue that that these economic weak ties, which seem to render conventionally understood criminal organizational boundaries administratively less meaningful, still function as an operationally significant governance mechanism of the organizational structures of American Taiwanese youth gangs. In addition, the paper discusses the implications that the embeddedness has on the somewhat paradoxical and incoherent organizational structure.